614
FW 2, Survey and Identification

FWM#: 052 (new)Date:
November 18, 1992Series: Natural
and Cultural Resources ManagementPart 614: Cultural Resources ManagementOriginating Office: Division of Refuges2.1 Systematic Inventories. Regional Offices shall prepare and
implement a plan and schedule for systematically inventorying lands under
the control of the Service within their Region to locate those areas that
are likely to contain the most significant cultural resources. Schedules
for conducting systematic inventories should take into consideration the
availability of cultural resource information for specific field offices
or on lands directly adjacent to them and the potential damage to significant
cultural resources as a result of public visitation, illegal collection,
and natural causes. Systematic inventories should be conducted at the necessary
level of intensity to adequately document the nature, extent, and condition
of significant cultural resources.

2.2 Undertakings.

A. General.

(1) At the earliest possible time during the planning of a particular
activity, the project leader or appropriate Regional Office program must
contact the Regional Historic Preservation Officer to determine what steps
and level of funding are necessary to comply with the inventory, evaluation,
and mitigation procedures addressed in 36 CFR 800.

(2) Prior to authorizing an undertaking, it may be necessary
to complete an inventory to identify cultural resources. The Regional Historic
Preservation Officer should seek the advice of the State Historic Preservation
Officer in making this decision. The Advisory Council's regulations, 36
CFR 800, do not specify any particular level of inventory that must be
completed for projects. Rather, decisions on the level of survey needed
for undertakings should take into consideration factors such as the amount
of available information, the nature and density of cultural resources
in the area, and the stage of project planning. In some instances, the
Regional Historic Preservation Officer may determine that completing a
field inventory is unnecessary. Examples might include:

(a) Areas where the surface of the land has been substantially
altered, disturbed, or created within the last 50 years.

(b) Areas that have been previously covered by an appropriate
field inventory and adequate records exist documenting the work.

(c) Activities where there will be no new ground disturbance
and no change to historic structures.

(d) Projects where a sufficient level of inventory, evaluation,
and testing have been completed in adjacent areas with similar environmental
and cultural zones, indicating there is little likelihood of significant
cultural resources occurring within the area affected by the proposed activity.

(3) If a systematic inventory and cultural resource overview
containing a background literature search have been completed for the field
office, they should be used to guide decisions on the need for field inventories,
evaluations, and mitigation. The Regional Historic Preservation Officer
should be directly involved in arranging for inventories and evaluating
identified cultural resources to determine whether they are eligible for
the National Register in consultation with the State Historic Preservation
Officer and, as necessary, the National Park Service; distributing completed
survey reports and records; reviewing and making recommendations on approval
of archaeological permit applications; monitoring the technical sufficiency
of cultural resource field work; determining whether cultural items have
been identified that may require notification of Indian tribes or Native
Hawaiian organizations and repatriation; and preparing procedural compliance
documents.

(4) With the assistance of the appropriate project leader, the
Regional Historic Preservation Officer is responsible for incorporating
new information generated from inventories and studies conducted under
permit, by contract, or through in-house means at field offices into cultural
resource overviews and applicable planning documents.

(5) Refer to the Cultural Resource Management Handbook and the
Secretary of the Interior's Standards and Guidelines for Archaeology and
Historic Preservation for more information on completing inventories.

B.Coordination with Requirements of the National Environmental
Policy Act (NEPA). All Environmental Action Memoranda or similar documentation
used by the Service to certify that proposed activities comply with the
various requirements of NEPA must be reviewed and signed by the Regional
Historic Preservation Officer to ensure that applicable historic preservation
requirements have been met. In many instances, compliance with Section
106 of the National Historic Preservation Act can be conducted simultaneously
with the review process for NEPA. However, the threshold for considering
the effects of undertakings on historic properties is much lower for the
National Historic Preservation Act than for projects considered under NEPA.
Categorical exclusions used by the Service to comply with NEPA cannot be
used to address effects on historic properties protected under the National
Historic Preservation Act.

C. Service Undertakings Affecting Non-Federal Lands. Projects
funded or authorized by the Service through its Federal Aid (Wildlife Restoration
and Sport Fish Restoration funds), Fish and Wildlife Enhancement, or Private
Lands programs must comply with Section 106 of the National Historic Preservation
Act. Overall responsibility for complying with 36 CFR 800 cannot be delegated
from the Service to States, other agencies, Indian tribes, or individuals.
However, Regional Directors and project leaders are encouraged to develop
Programmatic Agreements under 36 CFR 800 to help fulfill the Service's
responsibilities for repetitive and routine undertakings involving private
lands or when non-Service parties are delegated responsibilities for completing
inventories and mitigating project impacts on cultural resources under
the Federal Aid program.

D. Construction, Rehabilitation, and Demolition. Service undertakings
involving construction, rehabilitation, and demolition activities on refuges,
fish hatcheries, and research facilities require compliance with 36 CFR
800. The construction of buildings, pipelines, fencelines and impoundments;
and, new and expanded agricultural development are examples of projects
which usually require the completion of an inventory by a qualified professional.
Undertakings include projects completed under force account, construction
contract, youth programs, cooperative agreement, matching grants, or through
the Service's Federal Aid, Fish and Wildlife Enhancement, and Private Lands
programs.

E. Rights-of-Way and Other Permits.

(1) Permits and other types of authorizations to private industry
and non-Service entities for construction or development activities on
Service lands may require the issuance of an archaeological permit for
completing inventories. Oil and gas development, access roads, pipeline
construction, and road construction are examples of activities that may
require the completion of a cultural resource inventory before activities
can begin. Under most circumstances, the land-use applicant must ensure
that inventories, evaluations, and mitigation work are conducted in a timely
manner so that the Service can meet legal and regulatory requirements.
The appropriate level of inventory should be defined by the Regional Historic
Preservation Officer during review of the project proposal and the archaeological
permit application. In many cases, the land-use applicant will negotiate
a contract with a professional organization that will be responsible for
conducting required inventories and evaluations as part of planning for
the proposed land-use activity.

(2) Organizations offering professional services to land-use
applicants must submit the necessary documentation to the Regional Director
for review and approval before inventory work can commence, according to
procedures described in the Cultural Resource Management Handbook.

F. Exchange, Disposal, and Acquisition of Real Property.

(1) The exchange, disposal, or acquisition of real property by
the Service requires compliance with Sections 106 and 110 of the National
Historic Preservation Act. This may require that the Service complete or
have completed cultural resource inventories to locate historic properties;
evaluate identified historic properties to determine eligibility for the
National Register; complete detailed historic, architectural, or engineering
documentation; conduct research or salvage to recover, analyze, and protect
important archaeological resources; curate recovered materials and associated
records; or, relocate important cultural resources when other types of
mitigation work are not feasible. As necessary, official documentation
authorizing the transfer and disposal of Service real property that contains
or is likely to contain historic properties must include appropriate conditions
to ensure continued compliance with the National Historic Preservation
Act, unless satisfactorily completed by the Service prior to transfer or
disposal. Exceptions to this requirement may occur when historic properties
are affected by land exchanges with or transfers to other Government agencies
that must comply with the same historic preservation standards that apply
to the Service.

(2) Real property acquired by the Service may contain significant
cultural resources that will require a substantial commitment of funding
to manage according to Federal historic preservation standards. Proposals
to acquire lands must be reviewed by the appropriate Regional Historic
Preservation Officer during the initial project planning stages to identify
historic properties that could be adversely affected by Service activities.
This review should provide information to assist in planning for the management
of newly acquired historic properties. Where appropriate, the Service may
require that other Federal agencies complete cultural resource inventories,
evaluations, and mitigation work on cultural resources prior to acquisition
of real property.

2.3 Cultural Resources Discovered During Undertakings.

(1) Evidence of a previously undetected cultural resource may
be encountered after an undertaking has commenced. In such instances, the
project leader or Regional Office program shall immediately direct the
suspension of all work on any part of the project that would impact the
cultural resource and notify the Regional Historic Preservation Officer.
This should be done by phone with a follow-up memorandum documenting the
discovery, as appropriate.

(2) The Regional Historic Preservation Officer shall take immediate
steps to have the cultural resource evaluated and protected, as appropriate,
to the extent required by law and policy. This may require arranging for
a qualified professional to visit and evaluate the site's importance and
recommend a course of action. An evaluation and decision on the disposition
of the cultural resource should be made within 48 hours of the discovery
unless the project's schedule allows greater flexibility. The discovery
of cultural items requires that the appropriate Indian tribe or Native
Hawaiian organization be notified. The disposition of and control of discovered
cultural items shall be determined according to Section 3 of the Native
American Graves Protection and Repatriation Act and its implementing regulations.

(3) The Regional Historic Preservation Officer should work closely
with the State Historic Preservation Officer and, as necessary, the Advisory
Council in developing and implementing actions that take into account the
effects of the undertaking on the cultural resource. In those instances
where the discovered cultural resource is subject to the requirements of
the Archeological and Historic Preservation Act (AHPA), the Regional Historic
Preservation Officer should seek the guidance of the Federal Preservation
Officer before proceeding with corrective measures. If necessary, the Federal
Preservation Officer shall be responsible for contacting the Office of
the Departmental Consulting Archaeologist, National Park Service, on issues
concerning cultural resources protected under the AHPA.

(4) Refer to the Cultural Resource Management Handbook and the
Secretary of the Interior's Guidelines and Standards for Archaeology and
Historic Preservation for more detailed information on completing scientific
data recovery.